Court of Appeals

Robert C. Murphy Courts of Appeal Building

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2007

Granted May 7, 2008

ISSUE - CRIMINAL LAW - DID THE LOWER COURTS ERR IN FINDING THAT POLICE OFFICER’S OBSERVATION OF A MOTORIST GOING 33 MPH IN A 30 MPH ZONE JUSTIFIED AN OUT-OF-COUNTY ARREST UNDER THE “FRESH PURSUIT” DOCTRINE?

ISSUES - CRIMINAL LAW - (1) DID THE LOWER COURT CORRECTLY HOLD THAT TRIAL COURT ACTED WITHIN ITS DISCRETION IN DENYING PETITIONER’S MOTION FOR A MISTRIAL WHERE PROSECUTOR’S COMMENTS WERE NOT IMPROPER AND DID NOT WARRANT THE EXTRAORDINARY REMEDY OF A MISTRIAL? (2) DID THE PROSECUTOR’S IMPROPER REMARKS DURING REBUTTAL CLOSING ARGUMENT HAVE CUMULATIVE EFFECT OF DEPRIVING PETITIONER OF A FAIR TRIAL?

ISSUES - CRIMINAL LAW - (1) DID THE LOWER COURT ERR IN FINDING NO ERROR WHERE PROSECUTOR WAS PERMITTED, IN THE PRESENCE OF THE JURY, TO QUESTION THE ACCUSED CONCERNING THE CONTENT AND TIMING OF PETITIONER’S COMMUNICATIONS WITH HIS ATTORNEY? (2) DID PETITIONER WAIVE HIS CLAIM CONCERNING CROSS-EXAMINATION AS TO COMMUNICATIONS WITH HIS ATTORNEY BY NOT OBJECTING TO EACH QUESTION AT TRIAL?

ISSUE - COMMERCIAL LAW - LIABILITY - CAN HOUSING AUTHORITY MANUFACTURE ITS OWN IMMUNITY FROM LEAD POISONING LIABILITY BY CLAIMING DEPLETION OF INSURANCE COVERAGE WHEN THE HOUSING AUTHORITY REFUSED TO COMPLY WITH INSURANCE UNDERWRITING REQUIREMENTS TO CONDUCT LEAD RISK ASSESSMENTS OF ITS RENTAL PROPERTIES?

Wayne Stockstill v. State of Maryland - Case No. 16, September Term 2008.

ISSUE - CRIMINAL LAW - WHETHER THE TRIAL COURT’S JUDGMENT REVOKING APPELLANT’S PROBATION SHOULD BE VACATED AND PROBATION REINSTATED BECAUSE THE REVOCATION WAS BASED ON EVIDENCE ADMITTED IN VIOLATION OF MARYLAND PSYCHIATRIST-PATIENT PRIVILEGE STATUTE?

Ayinde Deleon v. State of Maryland - Case No. 17, September Term 2008.

ISSUE - CRIMINAL LAW - DID THE TRIAL COURT ERR IN ALLOWING THE ADMISSION OF EVIDENCE OF GANG MEMBERSHIP, ASSOCIATION AND ACTIVITY AGAINST THE APPELLANT?

ISSUE - HEALTH OCC. - WHETHER THE MD PATIENT REFERRAL LAW PROHIBITS AN ORTHOPAEDIC SURGEON FROM FURNISHING PATIENTS WITH MRI OR CT DIAGNOSTIC SERVICES WITHIN OFFICE OR GROUP, EVEN WHEN THE ORTHOPAEDIST COMPLIES WITH THE “GROUP PRACTICE” EXEMPTION IN HEALTH OCC. SECTION 1-302(d)(2) OR THE “DIRECT SUPERVISION” EXEMPTION IN HEALTH OCC. SECTION 1-302(d)(3)?

ISSUE - ZONING - WHETHER A FLOATING ZONE APPLICANT CAN MEET THE TEST FOR A FLOATING ZONE WITHOUT PRESENTING ANY EVIDENCE COMPARING THE EFFECTS OF PROPOSED LAND USE WITH THE EFFECTS OF THE SAME LAND USE LOCATED ELSEWHERE IN SAME ZONE?